Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 490

490 Person must not interfere with secret ballot

(1) A person must not, in relation to a secret ballot—

(a) resist or obstruct the registrar, a public service officer, or a person acting under the direction or authority of the registrar, performing a duty imposed, or an action directed or authorised to be done, for the ballot; or

(b) at or near the place where the ballot is being taken—

(i) threaten or intimidate, or obstruct the free passage of, an employee going to or attending at the place to vote at the ballot; or

(ii) threaten or intimidate an employee so that the employee would not vote or would vote in a particular way at the ballot; or

(c) obstruct an employee or another person in the performance of an action directed or authorised to be done for the ballot; or

(d) threaten or intimidate an employee or other person to prevent the employee or another person from performing an action directed or authorised to be done for the ballot; or

(e) vote at the ballot unless the person—

(i) is entitled to vote; and

(ii) has received a ballot paper from the registrar; or

(f) vote at the ballot in another person’s name; or

(g) if the person is entitled to vote at the ballot—mark a ballot paper relating to the ballot, other than the ballot paper received by the person from the registrar.

Penalty—

Maximum penalty—40 penalty units.

(2) In this section—

"prevent" includes attempt to prevent.

"resist or obstruct" includes attempt to resist or obstruct.

"threaten or intimidate" includes attempt to threaten or intimidate.

"vote" includes attempt to vote.